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STATE v. HEATH

806 S.W.2d 535 (1990)

STATE of Tennessee, Plaintiff-Appellee, v. Robert G. HEATH, et al., Defendants, and Tennessee State Bank, Defendant-Appellant.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied March 11, 1991.

Attorney(s) appearing for the Case

Richard T. Wallace, Ogle & Wallace, P.C., Sevierville, for defendant-appellant.

Charles W. Burson, Atty. Gen. and Reporter, and Barry Turner, Asst. Atty. Gen., Nashville, for plaintiff-appellee.

Permission to Appeal Denied by Supreme Court March 11, 1991.

OPINION

FRANKS, Judge.

The principal issue on appeal is whether Tennessee State Bank, by foreclosing on condominiums where time-share units had been sold, can extinguish the statutory protection not contained in the deed of trust afforded by Tenn. Code Ann. § 66-32-128 to the non-defaulting time-share purchasers.1

On October 22, 1987 the state's...

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